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HomeMy WebLinkAboutContract 1605-4 Hba City of Cathedral City Side Letter to the Memorandum of Understanding Between City of Cathedral City and Cathedral City Police Management Association (CCPMA) The City and CCPMA agree to the following temporary discipline and appeals procedures for law enforcement personnel within the Unit: ARTICLE 13.A DISCIPLINE AND APPEALS PROCEDURES 13.A.1 Standards of Conduct. It is expected that all City employees shall render the best possible service and reflect credit on the City, and therefore, high standards of conduct are essential. 13.A.2 Improper Employee Conduct. Improper conduct may be cause for disciplinary action up to and including termination of employment. The term "improper conduct" means not only any improper action by an employee in the employee's official capacity, but also conduct by an employee not connected with the employee's official duties that affects the employee's ability to perform official duties, and any improper use of the position as an employee for personal advantage. In addition, improper conduct includes, but is not limited to, violation of law and/ or any City or Department rule, policy, or procedure. 13.A.3 Disciplinary process. The purpose of disciplinary action is to correct deficiencies in employee performance, to seek improvement to meet appropriate standards, and/or to remedy violations of law and/or any City or Department rule,policy, or procedure. The City will verbally counsel an employee when circumstances warrant it, prior to taking any formal disciplinary action. This gives the supervisor an opportunity to communicate in a non-disciplinary fashion that a problem is perceived and that the supervisor is available to help solve it. Discipline may be initiated for various reasons, including, but not limited to, violations of law and/ or any City or Department rule, policy, or procedure. The severity of the action depends on the nature of the offense and an employee's record, and may range from verbal counseling to immediate dismissal. The disciplinary process outlined below has been established to provide general guidelines for a fair method for disciplining employees. Disciplinary actions imposed under this article shall be in accordance with section 3300-3311 of the California Government Code. 13.A.3.1 Normal progressive discipline sequence: A. Verbal Reprimand: To communicate to the employee that a repeat action may result in more serious disciplinary action. (Not appealable) B. Written Reprimand: A written communication to the employee that the same or related offense has been committed. A copy of this warning is given to the employee and one copy is filed in the employee's personnel file. Written reprimands may be appealed to the Chief of Police within five (5) calendar days. The decision of the Chief of Police shall be final. In addition, the employee may submit a written response within thirty (30) calendar days. The employee's response will be attached to the written reprimand. C. Suspension: Temporary removal of an employee from his/her duties without pay for misconduct. Employees may be suspended on the spot by their immediate supervisor when there is a clear threat to the safety of other employees or the public. (Managers must notify the Human Resources Director when instituting an on-the- spot suspension as soon as it is practical.) D. Demotion: This step involves either the reduction in pay step or reduction in class. E. Dismissal: The final step in the disciplinary process. 13.A.3.2 Disciplinary Procedure: Although one or more of these steps may be taken in connection with a particular employee,no formal order or system is necessary.The City reserves the right to deviate from this sequence when it feels that circumstances are so severe that such a deviation is warranted. The City Manager or designee is vested with the authority to determine the appropriate course of action. Further steps in the discipline involving suspension, demotion or dismissal should not be taken without consulting the department head and the Human Resources Director. A. Suspension, Demotion, Dismissal. Subject to the Hearings and Appeals Procedures specified in Section 13.A.4,the City may impose a suspension without pay upon an employee when, in his/her judgment, such action will best serve the interests of the City. Such suspension shall, however, not exceed a period of thirty (30) working days except that if the suspension is imposed because of an employee's trial by a court of law, the suspension may extend to such time as that court has rendered its decision. B. Suspension without Pay. Suspensions shall occur only after the notice procedures specified in Section 13.A.4.1 and shall be subject to appeal in accordance with Section 13.A.4.2. C. Demote a regular employee to a position in a lower class with an appropriate reduction in pay or a reduction in pay step, for reasons including, but not limited to,unsatisfactory performance. D. Dismiss for cause any regular employee. 13.A.4 Hearings,Appeals and Grievances.Only discipline involving suspension,demotion or dismissal is subject to an appeal as outlined below. 13.A.4.1 Pre-Discipline Meeting Procedures. Prior to undertaking the personnel actions set forth in Section 13, the department head or designee shall first provide the employee with a written specification of reasons for the proposed action and all documents relied on to support the action being taken. The statement shall either be delivered personally to the employee or sent by Certified Mail, Return Receipt Requested, and shall notify the employee of his/her right to request a meeting with the department head. The employee may, accordingly, request a meeting to determine if there is cause for the proposed personnel action. A request for a meeting must be in writing and must be delivered to the department head on or before five (5) working days after the employee's receipt of notice of intended action. Upon receipt of the Request for Meeting, the department head shall notify the employee of the time and place for a meeting to be held not later than ten (10) working days after receipt of the request therefore. The employee shall be entitled to be present at such meeting together with an attorney and/or designated representative. The meeting is to be conducted by the department head or designee and shall provide the employee with the opportunity to refute,explain,or otherwise address the proposed statement of charges. All decisions of the department head or designee shall be rendered within ten (10) working days after conclusion of the meeting, and shall be final unless timely appealed by the employee as provided in the section 13.A.4.2. 13.A.4.2 Appeals Procedures. Any regular employee subjected to any disciplinary action set forth herein (suspension, demotion or dismissal) may appeal any decision of the department head or designee by filing a written Notice of Appeal with the City Manager or designee within five (5) working days after his/her receipt of the decision. The employee's appeal shall be heard by an impartial hearing officer selected in a manner mutually agreeable to the City Manager and the employee; if no agreement is reached the hearing officer shall be selected from a list of advisory arbitrators from the California State Mediation Conciliation Service or from a list agreed to between the City Manager and the employee.This will occur at a selection meeting, to be set by the Human Resources Director or his/her representative. The arbitrator selection must occur within ten(10)working days after receipt of the appeal, unless otherwise agreed to by the parties. If the employee does not attend the arbitrator selection meeting, they must contact the Human Resources officer within five (5) working days and provide written good cause for missing this meeting. If no good cause is found or the employee does not contact Human Resources, the City will deem the appeal to have been waived. A.Representation.The employee may be represented by his/her Association/Union representative, any other regular employee of the City, or his/her attorney. B. Hearing. The Hearing Officer shall issue subpoenas to compel the attendance of witnesses, if such be necessary at the request of either party. The hearing shall be recorded by a certified shorthand reporter. C. Evidence. Oral evidence shall be taken only on oath or affirmation. Each party shall have the right to call and examine witnesses, to introduce exhibits, to cross- examine opposing witnesses on any matter relevant to the issue even though the matter was not covered in the direct examination,to impeach any witness regardless of which party first called him/her to testify, and to rebut the evidence against him/her. At the hearing,both the appealing employee and the City shall have the right to be heard and to present evidence. The hearing need not be conducted according to technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which responsible persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules that might make improper the admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence. The rules of privilege shall be effective to the same extent that they are not or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. D. Expenses. The expenses for the hearing officer shall be borne equally by the City and the Union, and each party shall be responsible for expenses they incur. Expenses for such recording services shall be borne equally by the City and CCPMA, provided, however, that each party shall be responsible for any specialized or extraordinary services they might individually request. The parties may instead by agreement record the hearing electronically. E.Hearing Officer Findings.After the close of the hearing the Hearing Officer shall prepare written advisory award and findings of fact and conclusions of law based on the evidence presented at the hearing, and shall present his/her findings to the City Manager and the employee within thirty (30) calendar days. In rendering an award, the Hearing Officer shall be limited to the express terms of this document and shall not have the power to modify, amend or delete any terms or provisions of this document. Failure of either party to insist upon compliance with any provision of this document at any given time or times under any given set or sets of circumstances shall not operate to waive or modify such provision, or in any manner whatsoever to render it unenforceable, as to any other time or times or as to any other occurrence or occurrences, whether the circumstances are, or are not, the same. F. Final Decision. The City Manager or designee mutually agreeable to the City Manager and the employee shall review the Hearing Officer's recommendation,but shall not be bound thereby. If the City Manager or, if appropriate, the designee decides not to follow the Hearing Officer's recommendation,he or she shall notify the employee in writing regarding this determination. Such notice shall be sent to the employee not later than sixty (60) days after the City Manager's or, if appropriate,the designee's receipt of the Hearing Officer's recommendation. If the City Manager or, if appropriate, the designee fails to notify the employee of his or her determination within this sixty (60) day period, the Hearing Officer's recommended decision shall be final and binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5. Otherwise, the City Manager's or, if appropriate, the designee's decision shall be final and binding, subject only to review by the courts under the procedures set forth in California Code of Civil Procedure section 1094.5. SIGNATURES FOLLOW ON NEXT PAGE IN WITNESS WHEREOF, the parties hereto have caused this Side Letter to the Memorandum of Understanding to be executed this j/1 day of CPnmgz-re 2017. CITY OF CATHEDRAL CITY CATHEDRAL CITY POLICE MANAGEMENT ASSOCIATION (CCPMA) Dated: 9 n IIl Dated: �, yr Charles P. McClendon, City Manager Dane Dickson, President Euge 'a Tones, Human Resources Manager Shelley Salinas, Vice President Attest: Olt Tracey M. inez Deputy City Clerk APPROVED • S TO FORM: Algeria R. "ore, ESQ Burke,Wil ams& Sorensen, LLP Counsel for the City of Cathedral City